State v. Forrest

362 S.E.2d 252 (1987)

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Nature of the Case

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Facts

D admitted his critically ill father, Clyde Forrest, Sr., to Moore Memorial Hospital. D's father, who had previously been hospitalized, was suffering from numerous serious ailments, including severe heart disease, hypertension, a thoracic aneurysm, numerous pulmonary emboli, and a peptic ulcer. By the morning of 23 December 1985, his medical condition was determined to be untreatable and terminal. Accordingly, he was classified as 'No Code,' meaning that no extraordinary measures would be used to save his life, and he was moved to a more comfortable room. On 24 December 1985, D went to the hospital to visit his ailing father. No other family members were present in his father's room when he arrived. One of the nurse's assistants noticed that D was sniffing as though crying and that he kept his hand in his pocket during their conversation. When she returned with the nurse, D once again stated his belief that his father was dying. D made a comment that: 'I'll take care of him.' D was then left alone in the room with his father. D began to cry and to tell his father how much he loved him. His father began to cough, emitting a gurgling and rattling noise. Extremely upset, D pulled a small pistol from his pants pocket, put it to his father's temple, and fired. He subsequently fired three more times and walked out into the hospital corridor, dropping the gun to the floor just outside his father's room. D who was crying and upset, neither ran nor threatened anyone. D never denied shooting his father and talked openly with law enforcement officials. Though D's father had been near death as a result of his medical condition, the exact cause of the deceased's death was determined to be the four point-blank bullet wounds to his head. D's pistol was a single-action .22-calibre five-shot revolver. The weapon, which had to be cocked each time it was fired, contained four empty shells and one live round. The case was submitted to the jury for one of four possible verdicts: first-degree murder, second-degree murder, voluntary manslaughter, or not guilty. After a lengthy deliberation, the jury found defendant guilty of first-degree murder. D was sentenced to a mandatory life term. D appealed arguing the jury instruction for malice, insufficient evidence of premeditation and deliberation, and errors committed during jury deliberation.